Katrina M Wyman, Limiting the National Right to Exclude, 72 University of Miami Law Review 425 (2018). As the United States Supreme Court said in 1979 and restated in 1982 and then restated again in 2002, “‘the right to exclude others’ is ‘one of the most essential sticks in the bundle of rights that are commonly characterized as property’”. Just as the bundle of sticks metaphor has become ubiquitous and virtually indispensable to the definition of real property, so too has the right to exclude become essential to the idea of the assemblage of rights and things that constitute real property. Katrina M Wyman, in her article Limiting the National Right to Exclude, challenges her reader “to rethink the robustness of the right to exclude that states currently enjoy” against the challenges to human mobility that she believes climate change will generate for millions of people (p 459) … (more)
[Carol Necole Brown, JOTWELL, 4 May]
First posted 2018-05-04 13:06:09
Leave a Reply